City of Brookfield v. Milwaukee Metropolitan Sewerage District

The cities of Brookfield, Mequon and New Berlin and the villages of Butler, Elm Grove and Menomonee Falls (municipalities) appeal a judgment affirming a Public Service Commission (commission) order. The municipalities had filed a complaint against the Milwaukee Metropolitan Sewerage District (district) under sec. 66.912(5), Stats., alleging that the district’s method of capital cost recovery was unreasonable or unjustly discriminatory. The commission found in favor of the district, concluding that the inclusion of the cost of "construction work in progress” (CWIP) in its capital cost rate…